Opinion
SA-18-CV-0998-JKP
10-05-2021
UNITED STATES OF AMERICA, Petitioner, v. 89.9270303 BITCOINS, MORE OR LESS, SEIZED FROM TREZOR VIRTUAL CURRENCY WALLET BELONGING TO JAYMES ALLEN CLARK, et al., Respondents.
ORDER
Jason Pulliam, United States District Judge
The Court has under consideration a Motion to Extend Deadline for Rule 59 Motion (ECF No. 44) filed by Claimants. Finding no need for a response, the Court DENIES the motion because the Court has entered no judgment in this case to implicate Fed.R.Civ.P. 59. At this point in the litigation, any motion to reconsider would fall within the parameters of Fed.R.Civ.P. 54(b). See McClendon v. United States, 892 F.3d 775, 781 (5th Cir. 2018) (recognizing the applicability of Rule 54(b)); Austin v. Kroger Tex., L.P., 864 F.3d 326, 336 (5th Cir. 2017) (per curiam) (clarifying relationship between Rules 54(b) and 59(e)).
Although Rule 54(b) provides no deadline for a motion to reconsider an interlocutory order, such motion may not be “unreasonably delayed.” See Thakkar v. Balasuriya, No. CIV.A.H-09-0841, 2009 WL 2996727, at *1 (S.D. Tex. Sept. 9, 2009) (citing Standard Quimica De Venezuela v. Cent. Hispano Int'l, Inc., 189 F.R.D. 202, 205 (D.P.R. 1999)). Further, courts may impose a deadline on such motions and deny them as untimely. See, e.g., Dodson Int'l Parts, Inc. v. Williams Int'l Co., LLC, No. 2:16-CV-02212-JAR-ADM, 2020 WL 3216568, at *5 (D. Kan. June 15, 2020) (relying on D. Kan. Rule 7.3(b) (addressing motions to reconsider and setting a fourteen-day deadline)), aff'd, No. 20-3193, 2021 WL 4142693 (10th Cir. Sept. 13, 2021), and aff'd, No. 20-3193, 2021 WL 4142693 (10th Cir. Sept. 13, 2021).
In this case, the Court issued its Memorandum Opinion and Order (ECF No. 39) on September 22, 2021. Claimants have sought to move to reconsider that order by October 20, 2021. The Court finds that deadline reasonable for a Rule 54(b) motion to reconsider the Memorandum Opinion and Order.
For the foregoing reasons, the Court DENIES the Motion to Extend Deadline for Rule 59 Motion (ECF No. 44) but nevertheless ORDERS that any Rule 54(b) motion to reconsider the September 22, 2021 Memorandum Opinion and Order shall be filed on or before October 20, 2021 For untimeliness alone, the Court may deny any untimely filed motion to reconsider.